Licensed & Non-Licensed Staff

2.2  Appropriate Unit: The Union shall represent all the employees of the School Board as defined in this Contract and in PELRA. Such representation shall include all employees as may be designated by legislative or Bureau of Mediation Services action.

2.3  Definition of Bargaining Unit: A member of the Bargaining Unit shall mean any person employed by the School Board in a position requiring licensure by the appropriate certifying agency as listed in Appendix One or by Intermediate District 287, or any person employed by the School Board in the following positions: Educational Support Professionals, Interpreters, Parent Child Specialists, School Health Care Specialists, Student Safety Coaches, and Tier 1 Licensed. The term "employee" in this Contract does not include the following: Superintendent, administrators, confidential employees, supervisory employees, essential employees, administrative support employees, facilities/maintenance employees, food service employees, or emergency employees, except as defined in PELRA.

3.2  Definition of Days: "Days": mean work days excluding Saturdays, Sundays, vacation, non-contracted time, or holidays as provided for in the school calendar. Once adopted by the School Board, any subsequent changes in the school calendar shall become a Meet and Confer item.

3.2.1  Salaried Employees: Within the eight (8) hour work day there shall be no more than six (6) hours of student contact or 30 hours of student contact averaged throughout the work week In addition, for teachers, there shall be one (1) hour of daily prep time (which may be split into two (2) segments, neither of which shall be less than fifteen (15) minutes, or three hundred (300) minutes per five-day week, and a one-half (1/2) hour duty-free lunch. The remainder of the work day shall be for other professional activities. Employees must adhere to their work day hours set by their supervisor, unless they have provided proper notice of leave or have made prior arrangements with their supervisor.

3.2.2   Hourly Employees: The standard work day for 1.0 Full-Time Equivalent (FTE) employees shall be_eight (8) hours, including a one-half hour duty-free lunch.

3.3  Trade Time: "Trade Time" is equivalent time off for hourly employees.

3.3.1  Hourly employees who have been required to work during their duty-free lunch time shall receive equivalent time off during the same school year.

3.3.2   All trade time must be approved and verified by the employee's supervisor or designee. Trade time shall not be used as a basis for additional compensation or converted to paid time. Trade time shall be used at a time mutually agreed upon by the supervisor and the employee.

3.4  Extended Time: "Extended Time" means any time worked for the School District exceeding the basic work year ( defined in Section 4.1 ).

3.5  Full-Time Employees: Except where otherwise specified in this Contract, full-time employees are those who are employed eight-tenths (.8) or more of a standard work week.

3.6  Part-Time Emplovees: Except where otherwise specified in this Contract, part-time employees are those who are employed less than eight-tenths (.8) of a standard workweek.

3.7  Licensed: "Licensed" shall-mean an employee with a license/certificate issued by the appropriate licensing/certifying agency as defined in Minn. Stat. Chap. 122A, Teachers and Other Educators and/or Appendix One of this Contract. 3.8 Other Terms: Terms not defined in this Contract shall have those meanings as defined in PELRA.

3.8  Other Terms: Terms not defined in this Contract shall have those meanings as defined in PELRA.

3.9  Occupational Therapists/Phvsical: Therapists: All licensed occupational therapists and physical therapists shall have all rights and privileges provided in Minnesota Statutes Minn. Stat. §122A.40.

3.10   Qualified Licensed and Non-licensedmployees:

3.10.1  Definition of Qualified Licensed Employee: An employee who, in addition to the state license/certificate on file in the Human Resources Department, has a minimum of nine (9) consecutive months of full-time teaching experience in the subject matter or field taught within the last five (5) years. The employee must have documentation on file in the Human Resources Department by January 1 of each year of the Contract. Documentation must show a minimum of nine (9) consecutive months of full-time teaching experience in the subject matter or field taught within the last five (5) years. If the position requires special skills, experience, education, or training, then the person(s) possessing these requirements shall be considered qualified.

3.10.2  Definition of Qualified Non-Licensed Employee: All non-licensed employees meeting the qualifications as defined in the relevant job classification. If the position requires special skills, experience, education, or training, then the person(s) possessing these requirements shall be considered qualified.

4.1  Basic Work Year - Licensed Employees

4.1.1  Basic Work Year: The basic work year for licensed employees shall be one hundred eighty four (184) days falling between August 20 and June 15. Within the basic work year there shall be no more than one hundred seventy-five (175) student contact days and no less than nine (9) non student contact days, one (1) of which may be used as a professional leave day and one (1) shall be an eight (8) hour work day (pro-rated as appropriate) to be present at certain District-sponsored events that take place outside the standard work day. Individual staff cannot work more than two hundred forty (240) days per contract year.

4.1.2  First Year Licensed Employees: The basic work year for first year licensed employees shall be one hundred eighty-six (186) days. During the basic work year no more than one hundred seventy-five (175) shall be student contact days, and no less than nine (9) shall be staff development days, one (1) of which shall be an eight (8) hour work day (pro-rated as appropriate) to be present at certain District-sponsored events that take place outside the standard work day, and two (2) of which shall be staff orientation days.

4.1.3  Notification: By August 1, licensed employees shall receive written notification of their assignment for the school year and that there will be eight (8) hours (pro-rated as appropriate) of District-sponsored events that take place outside the standard work day.

4.1.3.1  Notification of Events: Employees will receive notice of events that will occur between the first work day and January 31, by August 1. Employees will receive notice of events that will occur between February 1 and June 15 by January 1.

4.1.3.2  Notification of Dates and Times: Employees will receive at least a thirty (30) calendar day notice of the date and time of events that take place outside the standard work day, with the exception of any event that are scheduled to occur before September 1. Employees will receive notice of the date and time of such events that are scheduled to occur prior to September 1, by August 1.

4.1.3.3  Failure of Notification: If the required notice is not provided of events or dates and times, attendance will not be required and participation will instead be strongly encouraged.

4.1.4  New Staff Academy: Each new employee will attend a two (2) to three (3) day District training academy outside of the basic work year as defined in Section 4.1.1. Other employees may be eligible to attend the Academy to receive additional training based on the recommendation of their supervisor. Other employees may be required to attend the Academy due to a change in job classification, based on the recommendation of their supervisor.

In consideration of the fact that employees will be attending this training outside of the basic work year and their normal work assignment, licensed teachers will receive pay in the amount of the daily rate for BA/First Step of Schedule A. The daily rate shall be based on the basic work year of one hundred eighty-six (186) for a first year teacher. Employees who present at the New Staff Academy will be paid their regular rate of pay.

The New Staff Academy is contingent upon available funding and will be held at the sole discretion of the School District.

4.1.5  Summer Training: institute: The District may hold a Summer Training Institute. In consideration of the fact that employees will be attending this Institute outside of the basic work year and their normal work assignment, licensed staff will receive pay in the amount of the daily rate for BA/First Step of Schedule A. Employees who present at the Summer Training Institute will be paid their regular rate of pay.

4.2  Basic Work Year - Non-Licensed Employees

4.2.1  Basic Work Year: The basic work year for non-licensed staff shall be no less than one hundred eighty-one (181) days falling between August 20 and June 15. Within the basic work year, there shall be no more than one hundred seventy-five (175) student contact days and no less than six (6) non-student contact days, one (1) of which may be used as a professional leave day. Individual staff cannot work more than two hundred forty (240) days per contract year.

On non-contracted staff development days, with pre-approval, non-licensed staff may attend District-organized job-appropriate staff development. Pre-approval will be determined and consistently applied building-wide by the principal. Pre-approved non-licensed staff will receive their regular hourly rate of pay for their attendance.

4.2.2  First Year Non-Licensed Employees: New Staff Academy and/or Staff Orientation: Each new employee will attend a two (2) to three (3) day District New Staff Academy and/or two (2) Staff Orientation days outside of the basic work year as defined in Section 4.2.1. Other employees may be eligible to attend the Academy to receive additional training based on the recommendation of their supervisor. Other employees may be required to attend the Academy due to a change in job classification, based on the recommendation of their supervisor.

In consideration of the fact that employees will be attending New Staff Academy and/ or Staff Orientation outside of the basic work year and their normal work assignment, non-licensed staff will receive pay at the hourly rate for the First Step of Schedule C. Employees who present at the New Staff Academy will be paid their regular rate of pay.

The New Staff Academy is contingent upon available funding and will be held at the sole discretion of the School District.

4.2.3  Summer Training [nstitute: The District may hold a Summer Training Institute. In consideration of the fact that employees will be attending this Institute outside of the basic work year and their normal work assignment, non-licensed staff will receive pay at the hourly rate for the First Step of Schedule C. Employees who present at the Summer Training Institute will be paid their regular rate of pay.

4.2.4  Notification: Non-licensed employees shall receive written notification of their assignment for the school year by August 1.

4.3  Flexible Scheduling: By mutual consent of the parties work days may be scheduled throughout the contract year. (July 1 - June 30).

4.4  IEP Management for Special Education Licensed Staff: On occasion, an IEP case manager may request time during the normal work day to work on due process paperwork that is due within a short amount of time. An IEP case manager may request of their supervisor up to 120 minutes during the normal work day to prepare an initial, a re-evaluation or an annual IEP /Progress Reports. Supervisors will either approve or deny the request. If approved, the IEP case managers will keep a log of the time used for the completion of the due process paperwork and submit the logs to their supervisor twice each year.

4.5  Extended Time

4.5.1  Extended Time Agreements: Staff shall be issued hiring agreements for extended time opportunities by June 1. Exceptions may occur when student enrollment changes.

4.5.2  Extended Time Assignments: Extended time teaching and support staff positions need not be posted. These positions shall be offered first to the most senior qualified staff in the program who completes the extended time application in the announced time period. Applications for summer employment shall be available no later than April 1 ( exceptions may occur i.e. student enrollment changes or additional funding) and due in Human Resources no later than two weeks after they were made available.

4.5.3   Extended Time Pay Computations: The hourly rate for extended time assignments shall be the same as the hourly rate in the respective contract year for all employees except that Local 2209 teachers shall not be paid less than BA, Step 5 of Schedule A for any extended time assignment. 4.5.4 On-line Courses: For on-line courses, extended time pay assignment~ shall be compensated as follows:

All student enrollment counts for online courses shall be calculated using a "semester credit student enrollment" as the basic unit of measurement.

• A student enrolled for .5 credit= 1 semester credit student enrollment.
• A student enrolled for .33 credit= .66 semester credit student enrollment.
• A student enrolled for .25 credit= .5 semester credit student enrollment.

A course section of less than three (3) semester credit student enrollments shall be paid $500 per completed semester credit. A course section of three (3) semester credit student enrollments up to less than ten (10) student credit enrollments shall be paid $350 per completed semester credit. A regular section, which is considered to be a maximum of ten (10) semester credit student enrollments and a maximum of twenty-five (25) semester credit completions shall be paid a flat stipend of $3500. If a course enrollment exceeds twenty-five (25) semester credit student enrollments, a new section will be opened.

4.5.5  Paid Leave: Employees working extended time agreements may use accumulated paid leave during this time.

4.5.6  Continuing Contract: Extended time is not subject to the continuing contract law.

5.1  Managerial Rights: The Union recognizes that the School Board is not required to meet and negotiate on matters of managerial policy, which include, but are not limited to such areas of discretion or policy as the functions and programs of the employer; its overall budget; selection of lead, supervisory personnel and employees; the organizational structure; selection, direction and number of personnel. The above rights and duties should not exclude other management rights and functions not expressly stated.

5.2  Management Responsibilities: The Union recognizes the right and obligation of the School Board to efficiently manage and conduct the operation of the School District within its legal limitations and with its primary obligations to provide educational opportunity for the students of the School District.

5.3  Effects of Laws, Rules. and Regulations: The Union recognizes that all employees covered by this Contract shall perform the services and duties prescribed by the School Board and shall be governed by the laws of the State of Minnesota, federal laws, rules and regulations of the State Board of Education and valid rules, regulations and orders of state and federal governmental agencies. Any provisions of this Contract found to be in violation of any such laws, rules, regulations, directives, or orders shall be null and void and without force and effect. The Union also recognizes the right, obligation, and duty of the School Board and its duly designated officials to promulgate rules, regulations, directives, and orders insofar as such rules, regulations, directives, and orders are not inconsistent with the Terms of this Contract and recognizes that the School Board, all employees covered by the Contract, and all provisions of this Contract, are subject to the laws of the State.

5.4  Representatives: The School Board may be represented in any part of the Contract by any persons or agents designated by the School Board to act on its behalf.

6.1  Right to Views: Nothing contained in this Contract shall be construed to limit, impair, or affect the right of any employee or representative to express or communicate a view, grievance, complaint or opinion in any matter related to the conditions or compensation of public employment or their betterment, so long as the same does not interfere with the performance of the duties of employment or circumvent the rights of the Union.

6.2  Right to Join: Employees shall have the right to form and join labor or employee organizations and shall have the right not to form and join such organizations.

6.3  Request for Dues Check Off: Employees shall have the right to request dues check off for Union membership, pursuant to PELRA.

6.3.1  Authorization: Upon receipt of a properly executed authorization card of the employee, the School Board shall deduct from the employee's paycheck the dues which the employee has agreed to pay to the Union in said authorization. The School Board shall adhere to the specific provisions in each dues check-off authorization regarding the duration, renewal, procedure for revocation, amount of dues deducted, and all other provisions agreed to by the employee as stated in the authorization. A member wishing to terminate union membership should contact the union.

6.3.2  Notifications: By October 1 of each school year, the District shall provide in electronic form to the Union, the names, work addresses, work telephone numbers, work email addresses, full time equivalency (FTE) status, worksite location and assignment of all bargaining unit members employed. On a quarterly basis, the District shall provide the Union with a current bargaining unit list. Such requests shall be filled within five (5) working days. The School District must notify the Union of all site location/classification changes within a timely manner. The Union shall give written notification to Payroll of the amount of dues agreed to by the employee which are to be deducted from each employee under such authorizations.

6.3.3  Schedule of Deductions: Such deductions shall be made in accordance with the authorization card. Deductions shall occur on the first and second pay period in the months in which dues are collected in accordance with Union collection policies. Payroll shall forward such dues deducted each month to the Union, along with the list of names of the employees from whom deductions were made.

6.3.4  Indemnification: The Union hereby warrants and covenants that it shall defend, indemnify and save the School Board harmless from any and all actions, suits, claims, damages, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share_fee or membership dues specified by the Union but not including actions arising solely from the School Board's failure to correctly mechanically deduct such fees or dues. Any fair share fee or membership dues dispute shall not be subject to the grievance procedure.

6.4  Open files:

6.4.1  Availability: All evaluations and files relating to each individual employee shall be available during regular office hours to each individual employee as soon as possible not to exceed three (3) working days after receipt of a written request. The employee shall have the right to reproduce any of the contents of the files at the employee's expense and to submit for inclusion in the file written information in response to any material contained therein.

6.4.2  Review: The employee may review and have access to all of the employee's evaluations and files generated in the School District in the presence of the Director of Human Resources or designee. The employee, while reviewing the file, shall have the right to number, date and initial the contents of the file.

6.4.3  Copies: The School Board must send, in a confidential manner, a copy of all evaluation material being added to the employee's file to the employee at the same time they are being added. All evaluation material must be dated as to inclusion into the personnel file.

6.4.4  False or Inaccurate Information: The School Board may destroy the files as provided by law and shall expunge from the employee's file any material found to be false or inaccurate through the grievance procedure. Proceedings to expunge shall be commenced within the time period provided in this Contract for the commencement of a grievance.

7.1  Union Release Time: The Union must be afforded up to seventy-two (72) hours of release time during the normal work day for the purpose of conducting Union business. Only elected officers and appointed representatives of the Union are eligible for release time. Release time must not be used to conduct Union business with another employee when that employee is responsible for a student or students.

At least five (5) days in advance of any use of release time, the Union President or designee must provide to Human Resources the name(s), position(s), and site location(s) of the officer(s) and/or representative(s) involved, and the date(s), and time(s) of the release. If the aforementioned notice is not provided, the use of release time is subject to the ability of the School District to provide necessary coverage for those using release time. Human Resources will track release time use.

7.2  Salary during Union Release Time: Release time off in accordance with Section 7.1 shall be paid time off.

7.3  Use of Equipment: The Union may use school equipment on school premises, provided that such use does not interfere with normal school activities or the discharge of regular duties. Such use shall be subject to the approval of the Building Administrator or Superintendent's designated agent. The Union shall bear full cost of School District provided labor, materials, and supplies used, and shall submit a report of such use of District-provided items to the Director of Finance on a monthly basis.

7.4   Access to District-Owned or District-Controlled Worksites: Representatives of the Union shall have reasonable access to worksites and school facilities to investigate employee complaints, communicate with members, hold meetings, and conduct other business. Upon arrival at the worksite, Union representatives shall make their presence known to the worksite supervisor or their designee. Such visits shall not interrupt normal work responsibilities.

7.5   Use of Communications Facilities: The Union shall have the right to post notices of activities and matters of Union concern on designated bulletin boards in each school building site. The Union shall have access to the inter-school mail system of the School Board.

7.6   Use of Building: The Union, after a minimum of seventy-two (72) hours written notice and approval by the Superintendent or authorized representative, may use school buildings for meeting purposes. Such use may not interfere with a previously scheduled school or community activity. The Union shall notify the Superintendent of the specific meeting space requested and the number of guests to be invited. The use of such building shall be at no cost to the Union, provided that additional custodial or other services are not required. The Superintendent shall inform the Union representative of the estimated cost for such use, and the Union shall bear full cost for the additional services. Each building representative may call a Union meeting at least once a month, at a time of the day not conflicting with student contact time.

7.7  Union-Leave:

7.7.1  Number of Hours: At the beginning of each school year, the School Board shall grant to the Union one hundred fifteen (115) hours of Union leave time. These hours shall be used by local Union officers, convention delegates, or appointees to attend AFT /NEA/Education Minnesota/ AFL-CIO sponsored conventions, workshops, meetings, representatives training, or seminars. The Union President shall inform the Director of Human Resources of attendees with a minimum of one (1) week notice in advance of their requested absence.

7.7.2  Pay: Union members granted such leave time shall receive their regular pay during such absences.

7. 7.3  Substitutes: The Union shall assume the cost of substitutes if they are required to maintain the student's educational program.

7.7.4  Union President or Vice President Leave: To provide an efficient means of leadership and participation in appropriate School District activities, and implementation of state statutes and rules and School Board policies and procedures, the District and Union agree to compensate full time release (based on the position and FTE owned) for the Union President or Vice President, to accomplish the tasks outlined in this Section. The full-time release cost will be handled through an Employee Loan Agreement billed to the Union. The Union shall inform the District of which officer will be released in the coming school year by May 15 of the preceding school year. The Union President or Vice President shall retain all rights as a Union employee according to the terms of this Contract, state statutes and rules, and School Board policies and procedures.

8.4.3  Computation of Time: In computing any period of time prescribed or allowed by this Section,"days" mean week days, not including Saturdays, Sundays, or Minnesota State Holidays. The date of the act, event, or default for which the designated period of time begins to run is not included.

8.4.4  Reduced to Writing: A concise statement outlining the nature of the grievance, the point of contention or disagreement, the Contract provision(s), or other formal agreement(s), or policies contrary to this Contract allegedly violated, if any, and the relief sought.

8.4.5   Answer: A response outlining the School District's position and decision on the grievance. All answers, except at Level I, must be in writing and provided to all parties of interest and to the Union simultaneously.

8.4.6  Grievants: An individual employee or group of employees.

8.5   Procedure: A grievance must be handled as described below, unless the parties mutually agree to waive a requirement, such as one or more Levels or timelines.

8.5.1  Level I: The grievant(s) must meet with the immediate supervisor within twenty (20) days of the date of the alleged occurrence which resulted in the grievance, or the grievance is waived. The statement of the grievance may be oral or written, and the proceedings informal. Whichever party considers the meeting to meet the conditions of a Level I meeting must notify the Union representative of the meeting prior to or within two (2) days following the meeting. If a satisfactory settlement cannot be reached within five (5) days of the Level I meeting, Level II may be requested in writing within three (3) days thereafter. If Level II is not initiated within three (3) days, the grievance is waived. Level I settlements must not violate the terms of the Contract, unless the Union and the District have agreed to the settlement.

8.5.2  Level II: Any grievance who has not received a satisfactory settlement as outlined in Level I may ask the Union to reduce the grievance to writing; copy of which must be sent to the Director of Human Resources within the timeline specified in Level I. If the grievance moves to Level II, the appropriate Administrator, as determined by the Director of Human Resources, will schedule-a Level II meeting with the grievant(s). The Level II meeting must be held within five (5) days of the Level II request. The time and place for the Level II meeting-must be mutually established. Each party is allowed up to three (3) representatives at the meeting unless mutually waived. The Administrator will-prepare an answer and provide it to the grievant(s) and the Union within five (5) days of the Level II meeting. The Union may proceed to Level III within five (5) days of receipt of the answer. If the School District does not-answer the grievance within the five (5) days, the Union may move the grievance to Level III within three (3) days of the expiration of the five (5) day period by providing written notice to the Director of Human Resources, or the grievance is waived.

8.5.3  Level III: Grievances referred to Level III will be discussed by the grievant(s), the Union representative and the Director of Human Resources. The Level III meeting must take place within five (5) days of the Director of Human Resources' receipt of timely written notice from the Union as described in Level II above. The Director of Human Resources must issue a written answer to the parties involved within five (5) days of the meeting.

8.6  Level IV Mediation and/or Level V Arbitration: If a satisfactory settlement is not reached as outlined in Level III, either party may, within five (5) days of the issuance of the Level III answer, request either: a. mediation, orb. arbitration, by providing such written requests to the other party. If a party requests to go to mediation, they have not waived the right to go to arbitration if mediation is not agreed to by the other party or the mediation does not result in a satisfactory settlement.

8.6.1  Level IV Mediation: In order to take the grievance to mediation (which would be handled by the Bureau of Mediation Services (BMS), both parties must agree to mediate within five (5) days of the first party's request to go to mediation. If no such agreement is reached within the timeline, either party may serve a written notice of intent to arbitrate on the other party as described in 8.6.2 below. If neither party serves this notice within the timeline, the grievance is waived. No offers, counter offers, or any documentation relating to mediation may be used by either party in arbitration or any future disputes.

8.6.2  Level V Arbitration: Either party may request arbitration by serving a written notice on the other party of its intention to proceed with arbitration within five (5) days of receipt of the Level III answer from the Director of Human Resources 1 or within five (5) days after the failure to reach an agreement to mediate, or the failure to reach a satisfactory settlement through mediation. The Union may inform the School Board in writing of the questions at issue. The party requesting arbitration must-request a list of five (5) arbitrators from BMS within five (5) days of serving the other party with the written notice of intent to arbitrate, or the grievance is waived. The parties will alternately strike names from the list of five (5) until only one (1) arbitrator remains. The remaining arbitrator will hear and decide the grievance. Parties may be represented at arbitration by whomever they choose. Parties have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. All witnesses and parties providing testimony must be sworn in by the arbitrator prior to their testimony. The proceedings before the arbitrator must not be a hearing de nova.

8.6.2.1  jurisdiction: The arbitrator has jurisdiction over disputes or disagreements relating to grievances properly before the arbitrator pursuant to the terms of this procedure. The arbitrator does not have the power to: add; subtract from; or modify in any way, the terms of the existing Contract, nor does an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of this Section. 8.6.2.2 Decision: The decision by the arbitrator must be rendered within thirty (30) days of the arbitration hearing. The arbitrator must issue a written decision and order including findings of fact based on information presented during the arbitration process. Decisions by the arbitrator are final and binding upon the parties, subject to the limitations on arbitration decisions in PELRA.

8.6.2.3  Scheduling and Appearance: The hearings under this Section must-be scheduled during the normal working day and employees required to participate must be excused with pay for that purpose and that time must not be deducted from the employee's personal leave. The Union and the School District must make every effort to schedule such hearings during non-student contact hours.

8.6.2.4  Expenses: Each party must pay for its own expenses in connection with arbitration, including expenses relating to the party's representative, witnesses, and any other expenses which the party incurs in connection with preparing for and presenting its case in arbitration. The parties must equally share fees and expenses of the arbitrator. The cost of a transcript or recording, if requested, must be paid by the requesting party. Any expenses which the parties mutually agree are necessary for the conduct of the arbitration must be shared equally by both parties.

8.7  Investigation of Grievances: Both parties will endeavor to investigate grievances without interfering with, or disturbing, an employee during their student contact time.

8.8  Subsequent Action: No person or entity may retaliate against any grievant(s), any representative of any grievant(s), or any other participants in the grievance procedure for such participation.

8.9  Release Time: An employee meeting during the school day on behalf of the Union with any representative of the School Board about a grievance or participating in the grievance process, including arbitration, must be released from regular duties without loss of pay.

8.10  Election of Remedies and Waiver: An employee instituting any action, proceeding, or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Contract, has waived, effective immediately, any and all rights to pursue a grievance under this Section or, if the grievance is pending in the grievance procedure, the right to pursue it further. This Section does not apply to actions to compel arbitration as provided in this Contract or to enforce the award of an arbitrator.

9.0  General: Job performance issues that arise out of a member's employment, including attendance and punctuality, must be handled in accordance with this Section and, where specified, Section 8. The parties may mutually agree to waive any timelines in this Section.

9.1  Just Cause: An employee may be disciplined for just cause.

9.2  Due Process: Any employee who is subject to discipline must be afforded their due process rights under the Contract and any applicable federal or state laws. If the employee is informed by their supervisor that a meeting is not disciplinary, then no discipline may be imposed at that meeting. An employee has the right to Union representation at disciplinary and investigatory meetings (in which the employee is the subject of the investigation and must be informed of that right before any disciplinary action is taken against the employee. If the employee chooses not to be represented by the Union, then the employee must sign a Union Representation Waiver.

9.3   Levels of Employee Coaching: The School District recognizes the concept of progressive coaching and discipline and will attempt to resolve issues at the lowest possible level. The non-disciplinary levels available to the School District:

9.3.1.  Informal Coaching: A supervisor communicates with an employee about concerns regarding the employee's performance and advises them on how to improve their performance.

9.3.2.  Formal Coaching: A supervisor discusses ongoing performance concerns with an employee, and provides coaching to the employee regarding what they must do differently in order to address the concerns. This coaching-session should be documented and the supervisor should consider sending an email to the employee to summarize the conversation.

9.3.3.  Letter of Direction: A written document which describes the employee's poor performance and serves as a caution that continued poor performance, if uncorrected, may result in discipline. Letters of direction are maintained in the supervisor's file, not the employee's personnel file in Human Resources.

9.4  Levels of Employee Discipline:

9.4.1.  Written Reprimand

9.4.2.  Suspension without pay for one (1) to four (4) days

9.4.3.  Suspension without pay for five (SJ to fifteen (15) days

9.4.4.  Termination

Normally, the School District will implement the levels of progressive discipline in order, except when the case involves a more serious infraction or series of less serious related infractions.

9.5  Notification of Suspension: The employee and the Union must be notified in writing of any suspension. The notice must be provided by an administrator and include the reasons for the suspension. The employee must be given the opportunity to be represented by the Union in the meeting where the notice is provided, and have the opportunity to respond. Any suspension may take place immediately upon receipt of the notification.

9.6  Employee Right to Grieve Suspension: Any suspension issued under this Section is subject to the grievance procedure in Section 8 of the Contract, with one exception: the timeline to request a Level I meeting is within ten (10) week days, not including Saturday, Sunday, or Minnesota State Holidays, of the meeting where the notice was provided.

9.7  Notification of Proposed Termination: The employee and Union must be notified in writing of any proposed termination of an employee. The notice must be provided by the Director of Human Resources or other designee of the Superintendent, and include the reasons for the proposed termination. The employee must be given the opportunity to be represented by the Union in the meeting where the notice is provided, and have the opportunity to respond. The notice of proposed termination of a licensed employee must be pursuant to Minnesota Statutes §122A.40 and other applicable law.

9.8  Licensed Termination: The termination of licensed employees is governed by Minnesota Statutes §122A.40. The parties may mutually agree to extend the statutory timelines to request a hearing.

9.9  Non-licensed Termination: Any non-licensed employee who has been given a notice of proposed termination as described in Subsection 9. 7, may make a written request for a hearing before a neutral arbitrator (arbitration). If arbitration is not requested by the Union within fourteen (14) calendar days of the date on which the employee received the notice of termination, the employee has waived their right to arbitration. An employee can expressly waive their right to arbitration at any time before the fourteen (14) days expire by providing written notice to the Director of Human Resources to that effect. The School Board must not terminate, or withhold pay from, the employee unless the conditions below apply, until the receipt of an arbitrator's decision upholding the termination, until the expiration of the fourteen (14) days, or until the employee waives their right to arbitration prior to the expiration of the fourteen (14) day period. Pay may be withheld from a non-licensed employee immediately upon written notification of the termination in extraordinary cases where the employee has:

9.9.1  Been formally charged with a felony that adversely affects the employee's work;

9.9.2  Deliberately left work without permission;

9.9.3  Endangered the physical or mental health or safety of another employee or student;

9.9.4  Reported for work intoxicated or under the influence of illegal drugs;

9.9.5  Willfully failed to report for work.

9.10  Effect on Other School District Rights: This Section must not be construed to limit the rights the School District has under MS §122A.40 and Section 28 of this Contract.

9.11  Arbitration: Except for the timelines for initial request, the arbitration procedures from Subsection 8.6.2, apply to all arbitrations under Sections 8 and 9.

10.2  Schedule: Meet and Confer meetings shall be conducted once each month unless there is a mutual agreement to cancel such scheduled meetings.

11.12.1  Termination of Recall Rights: The employee's right to reinstatement shall terminate if any of the following occur:

1. the employee fails to file with the School Board a written statement requesting reinstatement by April 1 of each of the last four ( 4) years of a ULA. The School Board shall confirm the filing;
2. voluntary removal by an employee of their name from the recall list (must be a written request);
3. resignation of position;
4. retirement;
5. termination;
6. the expiration of five (5) years from the commencement of the ULA without having been recalled.

11.13 In placing licensed/certified employees on unrequested leave, the Board is governed by the following provisions:

11.13.1  Continuing Contract Licensed/Certified Employees: A licensed/certified employee who has acquired continuing contract rights must not be placed on ULA while Tier 1 licensed, Tier 2 licensed, or probationary licensed/certified employees are retained in positions for which the licensed/certified employee who has acquired continuing contract rights is licensed/certified and qualified.

11.13.2  Realignment: For purposes of placement on ULA or recall from ULA, nothing in Section 11 shall require the District to realign positions to accommodate the claims of another licensed/certified employee.

11.13.3  Notice: Following School Board action proposing placement of licensed/certified employees on unrequested leave of absence, each individual licensed/certified employee proposed for placement on unrequested leave of absence shall receive notice of the proposed placement that:

1. states the applicable grounds for the proposed placement;
2. provides notice of their right to challenge the proposed placement within 14 (fourteen) calendar days from the receipt of the notice; and
3. provides notice that failure to challenge the proposed placement will be deemed acquiescence to the School Board's proposed placement action.

11.13.4  Right To File a Grievance: If requested within the timelines, licensed/ certified employees proposed for placement on unrequested leave of absence pursuant to School Board action shall be entitled to challenge the proposed placement pursuant to the grievance procedure in Section 8.

11.13.5  Final Board Action: Final School Board action to place a licensed/certified employee on unrequested leave of absence must take place prior to July 1.

11.13.6  Rights While on ULA: Any licensed/certified employee placed on leave may engage in teaching or any other occupation during the leave; may be eligible for unemployment compensation is otherwise eligible under the law for such compensation; and a leave will not impair the continuing contract rights of the licensed/certified employee or result in a loss of credit for years of service in the District earned prior to the commencement of such leave.

11.13.7  Recall Notices: When placed on ULA, a licensed/certified employee must ensure that their address in the District's electronic employee information system is accurate and is the address to which the licensed/ certified employee would want any notice of reinstatement or availability of position to be mailed. The licensed/certified employee must update that address if there are any changes to it during the recall period. Proof of service by the person in the District depositing such notice in the mail to the licensed/certified employee shall not be the responsibility of the District if any notice has been mailed as described.

11.13.8  Acceptance of Reemployment: If a position becomes available for a qualified licensed employee on ULA, the District shall mail the notice to such licensed/certified employee who shall have ten (10) calendar days from the date of such notice to accept the reemployment. Failure to accept, in writing, within such ten (10) calendar day period shall constitute a waiver on the part of the licensed/ certified employee of the right to be reinstated to the offered position.

SEVERANCE

11.14  Severance Pay: Employees with a minimum of three years of seniority terminated due to a work force reduction shall receive ten (10) days of severance pay for each year of continuous School District employment with the minimum of thirty (30) and a maximum of one hundred twenty (120) days. The severance shall be paid to the employee by September 30th of the same calendar year and the employee shall remain on the recall list if the employee is not recalled to a similar position by September 15th. Employees who elect to receive their severance pay on June 30th of the layoff year must sign a waiver of_recall right. Recalled employees who are subsequently laid off shall receive the current severance benefit minus any previously paid severance benefit.

11.14.1 Severance shall not be paid when the terminated employee is later offered and accepts employment by a member district through the provisions of Minn. Stat. §123A.33.

12.1  Definitions:

12.1.1  Assignment: Assignment, as used in this Section, means the employee's work site or building.

12.1.2  Change of Program: Change of Program means the movement of an employee from one program to another within the employee's work site or building during the basic work year. A change of program is not a transfer or a change in assignment. There shall be a minimum of eight (8) hours, with the possibility of up to twelve (12) hours as determined by the employee's supervisor for non-student contact work time set aside for a classroom licensed employee to prepare the new classroom.

12.1.3  Transfer: Transfer, as used in this Section, means the movement of an employee from one work site or building to another. A transfer would result in a change in the employee's assignment.

12.1.4  Voluntary Transfer: Voluntary transfer, as used in this Section, means a transfer requested by an employee.

12.1.5  Involuntary Transfer: An involuntary transfer is a transfer that occurs during the basic work year and which is due to a change in student enrollment. There shall be one (1) non-student contact work day set aside, with the possibility of an additional one (1) to twenty (20) hours as determined by the employee's supervisor, based upon the particular circumstances, for the licensed employee to prepare the new classroom.

12.2  Involuntary Transfer Notification: No involuntary transfer shall be made with less than a one (1) week written notice to the employee and the Union, unless the employee and supervisor agree to a shorter time period.

12.3  Involuntary Transfers: If an employee is to be involuntarily transferred due to student enrollment, the transfer shall be first offered to the qualified employee who has the most district-wide seniority in the program from which the transfer shall occur. The employee shall have the option to accept the transfer or decline. If declined, the transfer shall be offered to the next ranking qualified employee and on down. If all qualified employees in descending order of seniority decline, then the least senior qualified employee shall be obligated to take the transfer. Tier 1 licensed teachers who are qualified, if any in the program, shall be considered the least senior employees for the purposes of this subsection. Tier 2 licensed teachers who are qualified, if any in the program, shall be considered less senior than all licensed teachers on the seniority list and more senior than Tier 1 licensed teachers, for the purposes of this subsection.

12.4  Voluntary Transfer: The School Board shall give the qualified senior employee consideration of the voluntary transfer to open positions. Requests for transfer shall be made in writing, one (1) copy of which shall be filed with the employee's supervisor, and one (1) copy with the Director of Human Resources. The employee may also file a copy of such requests with the Union. The request shall set forth the reasons for transfer, the location and position sought, and the applicant's qualifications. Such requests must be renewed each year to ensure current consideration. Employees who apply for a transfer shall receive a written reply at the time the position is filled.

15.1 Procedure: Employees in positions requiring a license shall be evaluated in accordance with Minnesota Statutes. All other employees shall be evaluated according to School Board policy. The use and function of the evaluation form shall be thoroughly explained to the employees and the supervisors.

15.2 Response: Each written evaluation must be reviewed with the employee, whenever possible, by the person(s) who did the evaluation. If the evaluator(s) are unable to be present, their notes, whenever available, will be shared with the supervisor completing the evaluation. The employee may include a written response to the evaluation to be placed in the personnel file.

The School Board and Union consider the health and safety of staff and students a paramount concern and the Health & Safety Committee for the District and for each site is dedicated to improving this area. The goal of the District-wide committee is to discuss issues and concerns from a District-wide perspective, share information that may be helpful for site-specific committees, and answer questions from site committees.

District 287 staff serve students with intense and challenging behaviors in several different programs. This student population has a variety of disabilities, some of which manifest as unpredictable physically assaultive or self-injurious behavior. The District provides training and support to staff in appropriate and safe behavioral interventions. In the event that an employee is injured at work, the employee shall file the appropriate injury /incident reports as required. The School Board, Health & Safety Committee, and Union recognize the importance of reviewing incident and accident reports to inform future decisions regarding training and health and safety initiatives.

The District Health & Safety Committee utilizes OSHA and MNOSHA for direction and guidance but will also utilize the Minnesota State Fire Marshall and Municipality codes and regulations to ensure safe sites and practices. The District is responsible for overseeing and communicating health and safety standards to employees. Employees are responsible for following the health and safety standards provided by the District.

16.1  Occupational Safety and Health Administration (OSHA) Standards: The School Board, and all employees under this Contract, shall endeavor to maintain OSHA standards. Costs of uniforms and personal protective devices required by OSHA shall be paid for by the School Board.

16.2  Prescription Glasses: The School Board shall pay for pre-approved prescription safety glasses where necessary for the employee. Cost for the examination must be paid for by the employee.

16.3  Shoes: The School Board shall pay one-half (1⁄2) the cost of pre-approved safety shoes for those employees required to wear such shoes. The maximum shall be one (1) pair of safety shoes every two (2) years per such employee.

16.4  Uniforms: The School Board will pay one-half(1⁄2) the cost of three (3) pre-approved uniforms per year for Pathways/Career Technical Education-instructors. Employees requesting reimbursement for uniforms will be required to wear them.

16.5  Explanations: Periodically, the School Board shall explain appropriate OSHA standards to all employees under this Contract.

16.6  Reimbursement for Employee Personal Property: The District shall reimburse employees up to $750 per incident for the replacement or repair of personal property damaged as a result of student conduct such as, but not limited to, eyeglasses, vehicles, and clothing. This reimbursement does not include cell phones. Such reimbursement shall be subject to administrator confirmation that damage resulted from student conduct along with the employee providing a receipt and/or any other necessary supporting documentation.

17.4  Health Reimbursement Account: The School Board will establish and maintain a health reimbursement account. For any employee who elects to enroll in the Single Deductible Plan or in the Family Deductible Plan the School Board shall contribute§. as outlined in the table below:

17.5  Retirement/Disability Benefits: The School Board shall continue to contribute its portion of health insurance costs for disabled employees until long term disability coverage becomes effective to a maximum of three (3) calendar months. The School Board shall also continue to contribute its portion of health insurance costs for retired employees for three (3) calendar months after the last day worked.

17.6  Dental Insurance: The School Board shall contribute up to four hundred forty dollars ($440) per year toward the premium cost of single or family dental insurance for each full time employee who qualifies for, and is enrolled in, one of the School District's dental insurance plans.

17.7  Life Insurance: The School Board shall pay the premium cost for each full-time employee who qualifies for and is enrolled in the School District's group life insurance plan. The amount of life insurance coverage granted to employees shall be an amount equal to the employee's annual base salary rounded to the nearest thousand.

17.7.1  Supplemental Life Insurance: Additional life insurance equal to one or two times the employee's base salary is available to employees who qualify under this Section up to a limit of $200,000. The entire cost of such insurance shall be borne by the employee.

17.7.2  Dependent Life Insurance: Dependent life insurance in the amount of $10,000, $20,000, or $50,000 for spouses and $2,000 or $5,000 for each dependent child is available to employees who qualify under this Section. The entire cost of such insurance shall be borne by the employee.

17.8  Long-Term Disability: The School Board shall contribute a sum equal to one hundred percent (100%) of the premium cost for disability coverage for each full-time employee who qualifies for and is enrolled in the School District's long-term disability insurance plan.

17.9  Duration of Insurance Contribution: Full-time employees are eligible for School Board contributions as long as they are employed by the School Board. Except in the event of an unrequested leave of absence or as specified in Section 17.5 Retirement/Disability Benefits all School Board participation shall cease at the end of the month following the employee's effective date of termination. Employees who have separated and have paid their portion of the insurance premium in advance shall be reimbursed any monies owed at the applicable rate. Upon termination of employment, the employee has the option of retaining health care and dental coverage, at the employee's own expense, until the employee becomes re-employed and eligible for coverage under a group policy contract or plan sponsored by the School District or another employer, or for a period of eighteen (18) months after the termination of employment, whichever is sooner except as provided in MS 471.61. Basic and supplemental life insurance may be converted to individual life insurance policies. Long-term disability insurance coverage ceases on the employee's last day of employment.

Full time benefit-eligible employees who are employed as of the last day of the school year shall be eligible for School Board contribution toward health, dental, and life insurance premiums through August 31.

17.10  Automobile Liability Insurance: The School Board shall not require an employee to transport students in personally owned vehicles, nor shall it provide automobile liability insurance for any employee who transports students in personally owned vehicles. The District's automobile insurance is primary for liability coverage for an employee who is authorized to drive and who is driving a District vehicle in the course of their employment.

17.11  Employer/Employee Committee: An employer/employee committee shall be established to periodically evaluate and recommend changes to insurance programs provided in this Contract.

17.12  Insurance Premiums: Payroll deductions for employee contributions for the group insurance plans and for the Flexible Benefit Spending Plan shall be allocated equally over the plan year. The insurance plans run on a calendar year and deductions may be adjusted the first payroll in January to accommodate rate changes.

18.1.5  Leave Exhaustion and Pay Deduction: Leave exhaustion is defined as a leave balance of zero (0) hours. After an employee reaches leave exhaustion, their pay will be deducted for any leave used thereafter.

18.1.6  Medical Certificate: The School Board may require an employee to furnish a medical certificate from a qualified physician after five (5) consecutive days of absence as evidence of illness, if such absence was due to illness. The School Board may require an employee to furnish a medical certificate from a qualified physician after three (3) consecutive days of absence as evidence of illness in the case of a federal FMLA qualifying event, if such absence was due to illness.

18.1.7  Personal Leave: An employee may utilize up to twenty-four (24) hours per year of paid leave without salary deduction for personal leave. The leave may not be used on the following days:

1. The first five (5) student contact days of the school year;
2. The last five (5) student contact days of the school year;
3. One day before or one day after a break or holiday; or
4. In conjunction with incentive leave.

Personal leave shall be prorated for less than a 1.0 FTE employee. Leave requests for personal reasons must be properly registered, by the employee, on the automated leave/substitute system at least five (5) calendar days in advance of the requested leave.

18.1.7.1  An employee who has completed at least five (5) years of active service and has over thirty-six (36) days of paid leave at the time of the request, is also eligible to use personal leave one day before or one after a break or holiday, but not one day before or one after winter or spring break. The leave request must be properly registered, by the employee, on the automated leave/substitute system at least twenty (20) calendar days in advance of the requested leave. The leave must also be approved by the immediate supervisor.

18.1.8  Emergency Leave: An employee may use paid leave for emergencies.

18.1.9  Safety Leave: An employee may use paid leave for safety leave pursuant to Minn. Stat. §181.9447.

18.1.10  Professional Development: An employee may use accumulated leave days for study related to an area of service provided by the School District. The leave may not be for a period of time less than six (6) weeks. The employee must retain 480 hours of paid leave and work in the School District for at least two (2) years following completion of the leave. An employee who discontinues service for any reason other than incapacity or layoff before the expiration of the two (2) years shall repay the School District on a proportional basis.

18.2   Civic Leave: An employee who is summoned to serve on a municipal, county, or federal jury or is summoned to appear as a witness in a court case (except for self-initiated legal actions) shall be reimbursed by the School Board for the difference between the amount received for such service, exclusive of travel pay and expense reimbursement, and the employee's regular salary. The employee shall present the Human Resources Department with proper evidence as to jury service or subpoena and the amount of compensation received there from.

18.3  Bereavement Leave:

18.3.1  Immediate Family: A leave of absence of up to forty ( 40) hours with pay for each occurrence shall be granted because of the death of an employee's spouse, domestic partner, child, parent, grandparent, grandchild, parent-in-law, son/daughter-in-law, step/foster child, step/foster parent, or sibling.

18.3.1.1 Upon the death of other relatives or friends not listed above, the employee may take up to thirty-two hours (32) hours of their accrued paid leave.

18.3.2  Prorated Leave: Leave shall be prorated for employees working at least .35 FTE but less than 1.0 FTE.

18.4  Site Closure or Program Cancellation: The Superintendent or official designee has sole authority to close District sites or cancel student programs.

18.4.1  Site Closure (neither students nor staff should report to that site): The Superintendent's action to close a District site(s), including leased sites and those owned by other entities, would cancel student programs held there and indicate that District staff whose only assignment(s) is/are in that site(s) should not report and do not have to take leave for the day. Staff who are assigned to more than one site are expected to report to any sites that are open. Conditions may dictate different decisions for different sites.

If an employee has approved paid or unpaid leave already registered in the automated leave/substitute system, scheduled for the same day as an emergency closing, their paid leave (if registered as paid time) or their salary (if registered as unpaid) shall not be deducted.

18.4.2  Program Cancellation (staff should report or take leave): The Superintendent's action to cancel student programs means that those programs will not serve students, but does not mean that the site is "closed" to staff. District staff whose primary assignment is that site should report or enter their absence into the District's absence reporting system.

18.4.3  Itinerant Reporting: Itinerant staff members are to report to any sites to which they are assigned that are open.

18.4.3.1 ltinerant Programs Closed by the Superjntendent: Instructor Deaf/Hard of Hearing, Deaf/Hard of Hearing Speech Pathologist, and Interpreters should make a reasonable effort to report to any sites to which they are assigned that are open.

For the purpose of this section only: Instructor Deaf /Hard of Hearing, Deaf /Hard of Hearing Speech Pathologist, and Interpreters who report for and complete their assigned work day shall receive an additional personal day. Instructor Deaf/Hard of Hearing, Deaf /Hard of Hearing Speech Pathologist, and Interpreters must submit their leave request on the automated leave/substitute system if they are unable to report to their assigned site. These hours will not impact paid leave.

18.5  Injury or lllness Incurred in the Course of Employment: The School Board shall pay to an employee whose absence is due to injury or illness incurred in the course of employment, up to three (3) days of pay if the injury or illness is of such duration that it does not provide for a Minnesota workers' compensation wage-loss benefit. Until such time as the School District managed health care program administrator authorizes the time off as a work-related injury or illness, the School District shall charge the time to accrued paid leave. Upon approval of the claim, the accrued paid leave charged shall be reinstated to the employee from the original date of injury or illness.

18.6  Other Benefits: While on paid leave, an employee shall retain all benefits including insurance and seniority.

18.7  Paid Leave Reimbursement: The School Board agrees to contribute for full-time employees who meet the age and years of employment requirements specified in Section 20.1.1.1, an amount equal to the value of seventy-five percent (75%) of their total accumulated paid leave up to a maximum of 1976 hours directly into the retiree's 403(b) retirement account. These contributions shall be paid according to 18. 7.1.

The School Board agrees to contribute for full-time employees with less than ten (10) years of service who retire and are at least sixty-five (65) years of age an amount equal to the value of twenty percent (20%) of their total accumulated paid leave up to a maximum of 1068 hours directly into the retiree's 403(b) retirement account. These contributions shall be paid according to Section 18.7.1.

The School Board agrees to contribute for full-time employees with greater than or equal to ten (10) years of service and less than fifteen (15) years of service who retire and are at least sixty-five (65) years of age an amount equal to the value of thirty-five percent (35%) of their total accumulated paid leave up to a maximum of 1068 hours directly into the retiree's 403 (b) retirement account. These contributions shall be paid according to Section 18.7.1.

18. 7.1  Method of Payment: At retirement, retirees shall receive a School Board contribution into their 403 (b) retirement account according to Section 18. 7, provided that the amount does not exceed contribution limits set out in section 415(c) of Internal Revenue Code. If at retirement, the paid leave reimbursement amount would cause the retiree to exceed contribution limits set out in section 415(c) of the Internal Revenue Code, the remaining amount shall be contributed into the retiree's 403(b) account the following January.

The School Board and the Union understand that circumstances may exist that require an employee to take a leave of absence. The School Board and Union have worked hard to provide a leave protection program. The School Board and Union agree that leaves of absence should be viewed as insurance to protect employees from wage and/or position loss.

Therefore, employees who are: a. working during their normal District work hours for another employer as an employee or independent contractor; orb. are self-employed (such as through a business), must not use their paid leave, or take a paid leave of absence of any duration, in order to work for the other employer/ themselves/their business.

Employees who use their paid leave, or take a paid leave of absence of any duration, to work for another employer /themselves /their business, will not be paid by the District for the time not worked or, if paid, will be required to pay those monies back. Requests by employees to take unpaid leaves of any duration for the same purpose will be considered on a case-by-case basis.

In very rare circumstances, the Superintendent or designee and the Director of Human Resources may allow an exception to this Section. Written requests for such an exception must be signed by the employee and the President and Vice-President of the Union.

19.1  Requests: Supervisors are to be informed of all requests for leaves of absence. All leaves, whether paid or unpaid, shall be taken in accordance with the Contract. Leave requests shall be submitted by proper registration on the automated leave/substitute system.

19.2  Deduction: If leaves of absence include the use of paid leave, such leave allowed shall be deducted from the accrued leave earned by the employee.

19.3  Long-Term Unpaid Leave:

19.3.1  Purposes: The School Board recognizes that occasions may arise when it is in the best interest of the School Board and the employee that a leave of absence be granted for purposes not listed in this Contract.

19.3.2  Eligibility: To be eligible for leave, an employee must have completed three (3) years of employment in the School District.

19.3.3  Application: Application for such leave shall be submitted to Human Resources by March 1; this deadline may be extended by mutual agreement. 19.3.4 Duration: Upon application, the School Board may grant an employee a leave for up to one (1) contract year. The leave may be renewed by mutual consent.

19.3.5  Approval: Approval of such leave requests shall be based on the operating needs of the School District and the School Board's decision shall be final.

19.3.6  Insurance Continuation: Full time benefit-eligible employees who are on an unpaid leave of absence have the option of retaining group insurance benefits at the employee's own expense for the entire cost of the insurance premium.

19.3.7  Long-Term Unpaid Leaves: Long-term unpaid leaves of absence shall not be counted as duty days as defined in Section 23.2.

19.4  Short-Term Unpaid Leaves: In cases not covered by any other leave provision, an employee may request an unpaid leave of absence for up to two (2) weeks in any given school year. Such requests must be submitted to Human Resources at least two (2) weeks in advance of the requested leave. Exception: A request for one (1) day of unpaid leave must be submitted to Human Resources at least one (1) week in advance of the requested leave. Approval by the supervisor shall be based on the operating needs of the School District. An employee on a short-term leave shall retain all benefits including insurance and seniority.

19.5  Family Medical Leave:

19.5.1  Eligibility: An employee, who has been employed by the School District for at least one year, shall be granted, upon application to Human Resources, a leave of absence in accordance with the provisions of the federal Family and Medical Leave Act (FMLA).

19.5.2  Notification of Return: The employee must notify the School District in writing of the anticipated date of return to duty with as much notice as is possible. Upon expiration of the leave, the individual shall return to a position similar to the position held prior to the leave consistent with seniority provisions of the Contract.

19.5.3  Insurance: An employee on unpaid Family and Medical Leave shall continue to receive group insurance benefits and employer-paid premiums for up to twelve (12) work weeks; any time on paid leave for this purpose shall be deducted from the twelve (12) work weeks. If permitted under the insurance policy provisions, the employee, at their own expense, may continue coverage under the group policies. The right to continue participation in such group insurance programs shall terminate if the employee does not return to the School District pursuant to this Section except as provided in MS 471.61 and/or COBRA provisions.

20.1  Legal Effects: At the time any legal decision affects the retirement provisions of this Contract, the parties agree to reopen this Section and mutually develop new language in accordance with any new state or federal guidelines.

20.1.1  Retirement Incentive: Only available to employees hired on or before July 1, 2000. Employees hired on or after July 1, 2000, shall not be eligible for the Retirement Incentive, but shall instead be eligible for only the School Board's 403 (b) Matching Contribution Plan.

In addition, to be eligible for the Retirement Incentive, the employee must be currently actively employed full-time (.8 FTE or above), and meet their years of active service as defined in Section 20.1.1.1 since their initial employment date as a regular hire. If the employee separates from the District, the Retirement Incentive employment date will be based on their rehire date. An employee is not actively employed if they take an unpaid leave of absence for one (1) contract year. A year of active service is when an employee performs duties for one semester or 91 or more duty days (whichever is less) in any school year.

20.1.1.1  Age and Years of Employment: Full-time employees who have fifteen (15) or more years of active service in the School District since their initial employment date as a regular hire and either have reached the age of fifty-five (55) or have thirty (30) years of service credit in TRA or PERA shall eligible for the following incentive.

20.1.1.2  Calculation of Payment: An employee's retirement incentive shall be equal to one hundred (100) days of pay minus any employer contribution to the 403 (b) Matching Contribution Plan. The calculation of the amount to be subtracted shall begin as of June 30, 2003.

Pay is calculated by multiplying the employee's daily rate of pay at the time of retirement by one hundred (100). Employee's daily rate of pay is the sum of the employee's placement on the applicable salary schedule and career stipend/longevity, divided by the basic work year days listed in Section 4.1.

20.1.1.3  Method of Payment: The School Board shall contribute the amount of the retirement incentive in one lump sum at the time of retirement into the MSRS (Minnesota State Retirement System) Health Care Savings Plan.

20.2  Retiree Health Insurance: Employees who retire may individually elect to continue participation in a group health plan established by this Contract and as provided by MS 471.61.

20.3  Notification: An employee must submit written notification of retirement to Human Resources by February 1 in the year in which retirement occurs, unless as otherwise approved by the Superintendent. If the employee chooses to retire during the school year, the employee must submit written notification of retirement to Human Resources three (3) months prior to the effective date of retirement.

21.1  Provision: The School Board shall provide substitutes as required on a timely basis.

21.2  Pay: Full-time employees assigned substitute duties in addition to their regular assignment shall be paid time and one-half for student contact hours over their normal work day.

23.1  Placement: Initial placement on the salary schedule shall be negotiable and shall be disclosed in writing at the time of initial employment offer. Should an employee move from one job classification to another, the employee's placement on the salary schedule shall be negotiable and be disclosed in writing at the time of the new employment offer.

23.2  Step Advancement: Employees who perform duties for one semester or 91 or more duty days (whichever is less) in any school year shall advance one (1) step on their respective salary schedule on July 1, 2023 and July 1, 2024. All authorized paid leave shall be counted as duty days.

23.3  Additional Assignments:

23.3.1  Stipend: Employees shall be paid for designated additional assignments carried on outside their regular duty day.

23.3.2  Pro-Rata Pay: Those employees working beyond the normal contract days/hours on activities, such as conventions, contests, conferences, intramurals, etc. shall be paid on a pro rata basis for time spent on such activities.

23.4  Pay Periods: Licensed staff hired on or after July 1, 2012 shall be paid based on 24 pay periods (pay checks September 15 - August 31) per contract year. As of July 1, 2012, all other employees shall have two pay options: 1. 24 pay periods (pay checks September 15 - August 31); and 2. 19 pay periods (pay checks September 15 - June 15). Changes may be initiated once per fiscal year by August 31. Insurance plans run on a calendar year and deductions may be adjusted the first payroll in January to accommodate rate changes.

23.5  Denial of Step Advancement: The School District may withhold an employee's step advancement for just cause. Prior to denying such a step, the employee must have received two (2) written reprimands regarding the same conduct/performance concern. The second written reprimand must include notification that the School District intends to withhold a salary increase.

Each written reprimand must include the specific alleged conduct/performance concern, a corrective action plan, how the School District shall assist the employee in correcting the alleged conduct/performance concern, and the length of time allotted to correct it. If, after the employee has been given reasonable time and support to correct the conduct/performance concern and the problem persists, the School District shall provide written notice by June 15 of its intention to withhold such step. Such denial of salary advancement is subject to the grievance procedure.

24.1   Licensed/Certified Employees: Licensed/Certified Employees shall be paid under Schedule A.

24.2   Vocational Instructors: Licensed Vocational Instructors hired on or before June 15, 2002 shall be paid under Schedule A at their current or above their current salary. Licensed Vocational Instructors hired after June 15, 2002 shall be paid under Schedule A. Licensed Vocational Instructors hired after June 15, 2002 without a bachelor's degree shall be paid 95% of the BA Lane.

24.3  Lane Changes: Advancement shall be determined by documented college credits or clock hours. Employees shall move one (1) lane for every ten (10) semester credits or equivalents accrued. Semester credits shall have the value of 1.5 times quarter credits. The ratio for clock hours shall be 27 clock hours to one (1) semester credit. A maximum of two (2) such credits may be used each year. Credits and clock hours must be for successful completion of pre-approved courses or experiences. Pre-approval shall be consistently applied School District wide with approval from the Student Services Division.

24.3.1  Submission Dates: Lane changes shall occur on October 15 or March 1. Proof of accrual received in Human Resources by October I 5^th shall entitles the employee to lane advancement retroactive to July 1. Proof of accrual received in Human Resources by March 1 shall entitle the employee to lane advancement retroactive to January 1. Regardless of the settlement status of the Contract, the School District will process lane changes.

24.4  Paid Prep Time: Employees who teach supplemental courses, shall receive one-half (1⁄2J hour of paid prep time for every three (3) hours of student contact time.

24.5  Duty-Free Lunch Time: In exceptional situations when employees are required to work during their duty free lunch due to a staff shortage or to ensure student safety, such employees shall be provided with the equivalent time off during that work week.

24.6  Teachers holding a Tier 1 or Tier 2 License: Teachers holding a Tier 1 or Tier 2 License shall be paid in accordance with the Instructor Salary Schedule A; however, they shall accrue no-seniority as a licensed staff person. Should a non-licensed staff member be hired into a position as a teacher holding a Tier 1 or Tier 2 License, that employee is entitled to take a leave of absence from the non-licensed position and retain and accrue additional seniority in their position on the non-licensed seniority list.

24.7  Board Certified Behavior Analysts (BCBAs): BCBAs shall be paid in accordance with Salary Schedule A. Their probationary period is the first three (3) consecutive years of their first licensed/certified behavior support role in a single district or a single charter school in Minnesota or another state and the probationary period thereafter when employed in a licensed/certified behavior support role shall be one (1) year. As a licensed/certified employee, they must complete at least 90 student contact days each year during the probationary period for the year to count toward completion of their probationary period. Days on which a BCBA is absent from school do not count as student contact days.

25.1  Seniority: Employees included in this section shall accrue seniority District-wide within their respective job categories. This seniority shall be consistent with the seniority provisions of the Contract.

25.2  Vacation Pay: Current full-time staff employed as Interpreters and Parent Child Specialists prior to July 1, 1989, and who were receiving paid vacation benefits during the 1988-89 school year, shall continue to accrue and use paid vacation pursuant to the then-established School District vacation policy. Vacation, as applicable, shall only be accrued during the base school year. No carryover of vacation time shall be allowed. New staff members hired after July 1, 1989, in these classifications, are not eligible for paid vacation benefits.

25.3  Educational Support Professionals: Educational Support Professionals shall be paid in accordance with Schedule C. Educational Support Professionals who meet the certification for highly qualified paraprofessionals according to the Minnesota standards shall move to the sixty ( 60) semester credit pay level at the time certification documentation is received in Human Resources.

25.4  Interpreters: Certified Interpreters (American Sign Language (ASL) or Cued Language Transliterator (CLT)) shall be paid in accordance with Schedule D. Advancement shall be determined by full certification as stipulated in Minn. Stat. §122A.31 and effective on the date that official verification is received in the Human Resources Department. Upon documentation of a completed test to achieve certification, the School District will reimburse the Interpreter for the cost of one test up to a maximum of $500 per Interpreter.

25.4.1  Non-Certified Interpreters: Non-probationary Interpreters who are unable to successfully complete certification requirements shall be eligible to apply for open positions for which they are qualified.

25.4.2  Certification After Hire: Interpreters who accept another position in the School District and later become certified may return to an open interpreter position without loss of seniority, years of service, or salary.

25.5  School Health Care Specialists: Health Care Specialists are paid in accordance with Schedule D.

25.6  Student Safety Coaches: SSCs are paid in accordance with Schedule F.

25.7  Lane Changes: Advancement for Educational Support Professionals and Student Safety Coaches shall be determined by documented college credits or clock hours as described in Section 24.3.

25.7.1  Submission Dates: Lane changes shall occur on October 15 or March 1. Proof of accrual received in Human Resources by October 15 shall entitle the employee to lane advancement retroactive to July 1. Proof of accrual received in Human Resources by March 1 shall entitle the employee to lane advancement retroactive to January 1 .Regardless of the settlement status of the Contract, the School District will process lane changes.

25.8 Trade Time:

25.8.1  1.0 FTE Employees: In exceptional situations when employees are required to work during their duty-free lunch due to a staff shortage or to ensure student safety, such employees shall be provided with the equivalent time off during that workweek.

25.8.2  Less Than 1.0 FTE Employees: In exceptional situations, employees may be required to work more than their contracted hours or during their duty free lunch due to a staff shortage or to ensure student safety. Such employees shall record this time with their supervisor as "trade time" to be used during the same school year at a time mutually-agreed upon by the supervisor and the employee. Trade time used will be deducted from the time previously recorded with the supervisor; under no circumstances shall an employee be permitted to use trade time before it is earned. All trade time must be approved and verified by the employee's supervisor or designee. Trade time shall not be used as a basis for additional compensation or converted to paid time.

25.9  Overtime: Employees required by their supervisor to work in excess of 40 hours in a work week shall be compensated at one and one-half (1 1⁄2) times their current rate of pay.

25.10  Workforce Reduction: Permanent non-licensed employees whose employment is proposed for termination due to a workforce reduction, after all bumping rights per Section 11 have been exercised, shall be offered the option of 1) accepting the layoff, or 2) if qualified, accepting an open position as an Educational Support Professional.

If the employee chooses option 1), the employee shall have all of the rights provided in Section 11 of the Contract. If the employee chooses option 2), the employee shall retain and accrue seniority and years of service and shall maintain their original hire date. The employee shall be placed on the same step of the Educational Support Professional salary Schedule C as at the time of the proposed layoff. The employee shall be placed on the appropriate lane of the salary Schedule C as determined by documentation of college credits or degree. The employee shall have sixty (60) days from the date of appointment to furnish the documentation.

Employees choosing either option 1) or 2) shall be recalled to positions under the provisions of Section 11 with the most senior qualified individual being the first recalled. The Union shall be provided a list of all such affected employees.

26.1  Payroll Deductions: Employees may, by written request, authorize Payroll to make School Board approved deductions from their paychecks to include the following: Checking and Savings Accounts and Tax Sheltered Annuities.

26.1.1  Annuity Agreements: The School Board shall provide a tax deferred/shelter annuity or annuities equal to the amount of the salary reduction for employees who elect to have their salaries reduced according to a salary reduction agreement signed by the employee and in accordance with the provisions of the Internal Revenue Code.

26.1.2  Submission to Payroll: Such reduction agreement(s) shall be signed and submitted to Payroll any time during the year and shall be automatically renewed except by written cancellation or at termination of employment.

26.2  Direct Deposit: All employees shall be paid only through the School District's Direct Deposit Program.

It is the responsibility of each employee to give the School Board sufficient notice of intended resignation. Non-licensed employees must give at least two (2) weeks notice of resignation prior to the last day worked. Continuing contract licensed employees who resign after July 15 shall be assessed a $700 release of contract fee and allowed to resign only when a replacement is secured, unless mutually waived by the parties. Continuing contract licensed employees who resign after July 15 and are currently on a long-term unpaid leave of absence under Section 19.3 for the entire year, will not be assessed the $700 release of contract fee.

28.1   Probationary Period: Hourly employees employed prior to June 16, 2020 shall serve a probationary period of two (2) calendar years.

28.1.1   (Effective lune 16. 2020) Probationary Period: Each hourly employee shall serve a probationary period of one (1) basic work year between August 20 - June 15.

28.1.1.1  For hourly employees hired with a start date of June 16 through November 30, the employee shall serve a probationary period ending the following June 30 of the first year of employment.

28.1.1.2   For hourly employees hired with a start date of December 1 through June 15, the employee shall serve a probationary period ending on June 30 of the second year of employment. The employer may terminate the employee with or without cause during this time. The employee shall have no right to grieve or appeal such termination.

28.2   Completion of Probationary Period: Employees who complete the probationary period shall be classified as permanent employees. Each hourly employee who has completed the probationary period may be discharged or disciplined only for just cause by the School Board subject to the grievance provisions of the contract.

At the start of every school year, the Human Resources Department will send an email to all Union employees with an electronic link to the current Contract between the parties. In addition, all new bargaining unit members will receive an email with an electronic link to the Contract at Orientation. The electronic link will be to the Contract posted on the School District website. In addition, the School District will pay to print twenty (20) copies of the Contract for the Union.

30.1  Purpose: The purpose of staff development is to provide each employee with a personal/professional growth program that includes the allocation of resources and staff support necessary to develop and maintain the skills needed to meet the diverse and changing needs of the learners.

30.2  Committee Structure: A program level Staff Development Committee shall be formed for each of the program areas (the instructional service coordination areas aligned with the School District Strategic Plan.) There are approximately nine service coordination areas. The Committee shall include the administrator responsible for the service coordination area and three to five staff volunteers selected by the program staff on an annual basis.

30.3  Site-based Professional Development: Site-based professional development planning is part of the School Improvement Plan (SIP) process. SIP's are created by School Improvement Leadership Teams (SILTs). SILTs have a majority of Local 2209 members. Decisions of these Teams in this Section with regard to the distribution of dollars are not grievable.' ,.

30.4  Reorganization: In the event the School District reorganizes and the Service Coordination areas are significantly altered, the School District and Local 2209 shall Meet and Confer to develop and implement an alternative Staff Development Committee structure.

31.1   Minnesota Statute: MS 122A.40, Subdivisions 6 and 8 provide that a School Board and an exclusive representative of the licensed staff shall develop a peer review process for probationary and continuing contract licensed staff through joint agreement.

31.2   Purpose and Philosophy: The primary mission and goal of the School Board is to educate students. The purpose of peer assistance and review /mentoring is to improve instruction to students by providing additional opportunities for growth of the staff. Teachers and other staff have a professional right and responsibility to each other for promotion of professional growth of the staff. Participation in the peer assistance program is voluntary for both the probationary and continuing contract staff person.

31.3   Scope: The peer assistance and review /mentoring process set forth herein shall be applicable to both continuing contract and probationary staff. The process of peer assistance and review /mentoring for probationary and tenured staff shall be formative only.i. and shall not be summative. A formative process involves professional development only and does not include evaluations or judgments. A summative process involves making evaluations and judgments regarding competency and overall job performance to be used in making various employment related decisions including, but not limited to, decisions regarding tenure, discipline, discharge, termination and assignment. Summative evaluations and employment related decisions shall remain with the authority and discretion of the School Board and administration, subject to applicable laws, regulations, School Board policies and collective bargaining units.

31.4   Peer Mentoring: Each new employee shall be assigned a peer mentor. The peer mentor shall have a similar work assignment whenever possible. Peer mentors who have successfully completed a School District training program and year-long assignment as a mentor shall receive a $300 stipend for each assigned mentee. No mentor shall be assigned more than three (3) mentees per school year. Mentors who do not complete the yearlong assignment shall receive a pro rata portion of the stipend.

31.5   Peer Assistance Costs: Peer assistance represents a professional activity for which direct payment for time and effort expended is not appropriate. Where peer assistance activity necessitates out-of-classroom time or other indirect costs, that cost shall come from existing staff development budgets. Tenured employees may request peer assistance at any time. A peer shall be assigned to serve in a consultative capacity for the purpose and length of time agreed upon by both parties.

31.6   Survey of Staff: Local 2209 shall annually survey staff regarding their willingness to participate in the Peer Assistance and Review /Mentoring Program. The survey shall include listing the kinds of assistance experienced staff are willing to offer to their peers. Information from the survey shall be used when pairing peer mentors and peer assistants.

31.7   Continuing Education: Participants in the Peer Assistance Program may apply for continuing education clock hours for the time spent in the Peer Assistance and Review /Mentoring Program.

32.1  Description: The School Board's 403(b) Matching Contribution Plan is designed to provide employees with an annual tax deferred monetary benefit. The School Board provides a matching contribution to the employee's 403(b) Plan according to eligibility as specified in this Section 35 to be effective July 1, 2000. Employees may defer additional amounts of their income up to the maximum contribution allowed by statute to the 403 (b) Matching Contribution Plan or to other eligible TSA plans, which are permissible by law and approved by the School Board.

32.2  Eligibility: Employees who are working .8 FTE or greater ( derived either on an hours per week or days per year basis) may participate with the School Board match contributions prorated according to FTE.

32.3  Enrollment: An employee must complete an application form when the employee: 1) first enrolls; 2) first becomes eligible to receive a School Board matching amount; and/or 3) makes a change in contribution amount and/or carrier.

32.4  Providers: Employees may choose from one of the providers jointly agreed upon between the Union and the School Board. For the term of this contract, those providers shall be any provider with more than eight accounts with the School Board.

32.5  Matching Contributions: The School Board shall match eligible employees' annual contributions up to the match limit shown in the following table. Years of active service must be completed on or before November 1
 

Matching Contributions are paid only to employees who are working .8 FTE or greater ( derived either on an hours per week or days per year basis) and meet their years of active service, as indicated above, since their initial employment date as a regular hire. If an employee separates from the District, the matching contribution eligibility date will be based on their rehire date. An employee is not actively employed if they take an unpaid leave of absence for one (1) contract year. A year of active service is when an employee performs duties for one semester or 91 or more duty days (whichever is less) in any school year.

An employee must complete an application form when the employee: 1) first enrolls; 2) first becomes eligible to receive a School Board matching amount; 3) makes a change in contribution amount and/or carrier and/or 4) is eligible for a School District match amount increase.

Salaried Staff Maximum School Board Cumulative Contribution: $35,000

Hourly Staff Maximum School Board Cumulative Contribution: $35,000

32.6  Amount Contributed: The School Board shall contribute annually an amount equal to the amount contributed by the employee up to the match limit specified in Section 32.5. This amount shall not exceed the amount outlined in Section 32.5 nor shall it exceed the amount that can legally be contributed.

Employees hired on or after July 1, 2000, shall not be eligible for the Retirement Incentive but shall instead be eligible only for the School Board's 403(b) Matching Contribution Plan.

33.1  Term and Reopening Negotiations: This Contract shall remain in full force and effect for a period commencing on July 1, 2023, through June 30, 2025, and thereafter until modifications are made pursuant to the PELRA.

33.2  Effect: This Contract constitutes the full and complete contract between the School Board and the exclusive representative representing the Union employees of the School Board. The provisions herein relating to terms and conditions of employment supersede any and all prior agreement, resolutions, practices, School Board policies, rules or regulations concerning terms and conditions of employment inconsistent with these provisions.

33.3  Finality: Any matter relating to the current contract term, whether or not referred to in this Contract, shall not be open for negotiations during the term of this Contract except where mutually agreed. It is mutually agreed that Appendix One may be changed or modified during the period of this Contract if mutually agreed upon.

33.4  Severability: The provisions of the Contract shall be severable, and if any provisions thereof or the application of any such provision under any circumstances is held invalid, it shall not affect any other provisions of this Contract or the application of any provision thereof.